Right to cancel timeshare contract Westgate in Missouri

[Passepartout]

$14,900. After the 10 years at 17.99% would be $31,660 + $899 every other year for Hoa dues.

Yikes! Well, if you buy a resale, you can dodge that bullet, but the dues are just a timeshare fact of life.

I don't know about Wastegate's numbering system. That's why I suggest including a copy of the contract's signature page, but contract/account sounds logical. I know you said you didn't have a computer with you to read/print the disc, but for almost $15,000 you could afford to buy one then return it after you do what you need to do.

Jim

 

[Mitter]

Everything is shipped. Sent two certified rescind letters 2 contract signature copies, and all the other extra garbage went priority. I paid with a check so I was able to cancel it this morning so not waiting on any kind of refund. Now we wait for all the calls I'm not going to answer.

 

[Talent312]

I paid with a check so I was able to cancel it this morning so not waiting on any kind of refund. Now we wait for all the calls I'm not going to answer.

Normally, I'd be cheering you on for rescinding, but the part about stopping the check raises a flag for me.

A lot of folks think that, if they don't like a product, they can just stop the check. Sorry, checks do not work like CC charges. Nothing may come of this, but writing a worthless check can be deemed a criminal act. The holder is entitled to process the check, just as you are to your refund. At a minimum, it will generate bad check fees, both from the banks to which it's sent and the holder, for which the writer is liable.

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[ssreward]

A lot of folks think that, if they don't like a product, they can just stop the check. Sorry, checks do not work like CC charges. Nothing may come of this, but writing a worthless check can be deemed a criminal act. The holder is entitled to process the check, just as you are to your refund. At a minimum, it will generate bad check fees, both from the banks to which it's sent and the holder, for which the writer is liable.

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It won't cause any fees at the issuing bank, they charge you their fee when you order the stop payment. At worst, it may cause the presenter a fee but so does a credit card payment so I doubt you'd be liable for anything. Putting a stop payment on a transaction you've already legally cancelled is in no way criminal, it's the intended purpose for which it exists. I think you may be thinking of check kiting, which is totally different.

 

[moonstone]

Anybody who doesn't travel with a computer & printer can go to a public library and use theirs if the timeshare you are staying at doesn't have a computer center. Sometimes libraries charge a nominal fee for computer time &/or printing but it is very handy & less expensive than going and buying a laptop & printer. A simple google search on Google Maps will show you the libraries nearest your location.

~Diane

 

[Mitter]

Anybody who doesn't travel with a computer & printer can go to a public library and use theirs if the timeshare you are staying at doesn't have a computer center. Sometimes libraries charge a nominal fee for computer time &/or printing but it is very handy & less expensive than going and buying a laptop & printer. A simple google search on Google Maps will show you the libraries nearest your location.

~Diane

Exactly what we ended up doing.

 

[Talent312]

It won't cause any fees at the issuing bank, they charge you their fee when you order the stop payment. At worst, it may cause the presenter a fee...

Eggsactly. When a check is bounced back to the bank to which it was first presented, they reverse the credit given to its account-holder and charge the account a fee of about ~$30 (for which the maker of the check is liable). Under Florida law, the holder of the bad check may demand payment of the check plus a bad-check fee, and if that is not paid, they may turn it over to the local state attorney's bad-check office, who will send a notice demanding payment, plus a fee for their expenses (~$50-$100).

None of this may come to pass. But the point is that there are mechanisms for dealing with bad checks that operate on a separate track from a buyer's claim for a refund. The TS seller is liable for a refund, not for having his bank accounts messed with.

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[ssreward]

Under Florida law, the holder of the bad check may demand payment of the check plus a bad-check fee, and if that is not paid, they may turn it over to the local state attorney's bad-check office, who will send a notice demanding payment, plus a fee for their expenses (~$50-$100).

None of this may come to pass. But the point is that there are mechanisms for dealing with bad checks that operate on a separate track from a buyer claim of for a refund. The TS seller is liable for a refund, not for having his bank accounts messed with.

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You seem to consider it a refund but I would argue it's in fact a cancellation. After the contract has been rescinded, the check has no right to BE presented - as the transaction has been voided, that would be theft. It's not a "bad check" situation, imo, but we're certainly free to disagree. I don't see how it's any different than disputing the charge on a cc after the rescission letter has been sent, as I've seen many here report to do.

 

[Talent312]

You seem to consider it a refund but I would argue it's in fact a cancellation...

Actually, its sort'a both. Section 721.10(3), Florida Statutes, reads in part:
(3) In the event of a timely preclosing cancellation, the developer shall honor the right of any purchaser to cancel the contract which granted the timeshare purchaser rights in and to the plan. Upon such cancellation, the developer shall refund to the purchaser the total amount of all payments made by the purchaser under the contract... Such refund shall be made within 20 days of demand therefor by the purchaser or within 5 days after receipt of funds from the purchaser’s cleared check, whichever is later. (emphasis added)

Obviously, if the a check won't clear, the seller owes no refund.
Bounced checks, even if not enforced, can still be reported to credit reporting agencies.
The buyer may have to explain it, the next time he applies for a car loan or mortgage.

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[Mitter]

I received this letter dated 8-04-17. I only received 3 phone calls from them, and then the letter. Very happy with the outcome. Thanks for the help everyone.

 

[LannyPC]

I only received 3 phone calls from them, and then the letter. Very happy with the outcome.

I'm happy with the outcome too. By the way, what was the nature of the phone calls (if you did indeed answer them)?

 

[Mitter]

They were just asking what if anything went wrong from the time we signed the agreement to the time we sent our cancellation. They weren't pushy in the voicemails, just saying they might be able to help us out with other options and that they just wanted for us to call back. I never answered their calls or called back so they didn't get an opportunity to try out anymore of their strong arm sales tactics.

 

[LannyPC]

They were just asking what if anything went wrong from the time we signed the agreement to the time we sent our cancellation.

Yeah, here's what "went wrong". It's called finding TUG!

 

[Paul E Morgan]

Dobra,
We just got back from the Smokey Mountains and my husband made a HUGE MISTAKE of signing a contract with them on June 26th, 2017 a Monday. On Tuesday I did a lot of research because this just didn't settle well with me. My instincts were telling me we had been taken advantage of and mislead. I immediately pulled out the CD they gave us and went through everything. In Tennessee you have the right to rescind within 10 days so I got started right away. I went to the Wal-Mart and purchased a laptop/printer and types up my letter to rescind on Wednesday due to the fact we were not going to be back home until the 29th. We sent out a letter to the cooperate office as stated in the contract bit I also sent one to the Resort in Smokey Mountains were we purchased as well. Once we got home on Friday I sent out another letter by certified mail and one by receipt of delivery and another just regular mail. All were postmarked on the 29th. I too am worried to death. And am praying that I have done everything correctly. I am even thinking of sending a letter everyday until July 6th just to be on the safe side. My husband says that's crazy and I just say.. No you were crazy for even getting us into this mess!

 

[Paul E Morgan]

Am I correct in my assumption that your Husband signed the contract documents and you did not sign the same documents?

I hope you sent the letters registered or official mail, return receipt requested. You need proof of delivery.

 

[MuranoJo]

Per post #35, it appears it's all settled now and he/she were able to successfully cancel.

 

[theo]

Am I correct in my assumption that your Husband signed the contract documents and you did not sign the same documents?

I hope you sent the letters registered or official mail, return receipt requested. You need proof of delivery.

Developers would not proceed with a contract execution with just one half of a married couple present, knowing that it would not be an enforceable contract.
In fact, developer sales weasels would generally not welcome one half of a married couple attending a presentation alone at all in the first place, knowing full well that an enforceable contract cannot be executed with only half of a married couple present.

Also, as another point of correction / clarification, what one needs in a rescission (cancellation) is proof of postmark date, not proof of delivery (or even date of delivery). Successful delivery (the actual date of which ultimately doesn't matter) is assumed if the rescission was correctly addressed. Some people don't even bother with the green USPS "return receipt requested" signature card with their certified mail and their rescission is certainly no less valid without it.
Finally, certified USPS mail (which is different from registered mail) is the customary and usual USPS service utilized to send rescission correspondence.

 

[Tonya Daniel]

You can hand-write a rescission letter. It doesn't have to be legalese, just:

I/We wish to exercise our right of rescission to cancel contract #____________ Dated___________
signed _______________husband ______________wife
We expect full and prompt refund of all funds paid as down payment and cancel any permissions to debit any accounts or credit cards.

It would be good if possible to send a copy of the signature page of your contract for identification, but it isn't critical. The letter is.

Send it to the Ocoee, FL address. Send it USPS Certified w/return receipt so you get proof of delivery.

Then go back to your vacation. DO NOT go back to the sales office or answer their calls. No good can come of that.

Welcome to TUG!

Jim

Me and my fiance just made the mistake of purchasing this in Gatlinburg on the 29th. We are headed home now and I am going to type up this letter and sent it out tomarrow but my question is I had already tried to call the person that we signed everything with to cancel it and she just tried to sweeten the deal so they were in the process of changing the payment amounts and everything can I still send a rescission letter to cancel all of this for good. Should I call the girl and tell her I'm sending this letter and for her not to change anything currently. Please help. I have to get out of this

 

[CalGalTraveler]

@Tonya Daniel Mail the letter now within the rescission period for the contract. Keep a copy and a record of your mailing date with tracking. You only have a few days so hurry.

Did you sign anything further on this change? To be safe rescind any further changes to the contract in writing too in case they recorded your call and say this is a verbal agreement.

Ignore the rep. They will strongarm, and lie. If you have a rescission to all contracts in writing following the directions on any contract you signed you are good.

 

[Passepartout]

Tonya, STAY OFF THE PHONE! Send the rescission letter Monday to the Ocoee, FL address. Send it USPS Certified, w/ return receipt so you'll know if has been delivered. Then don't make or accept any phone calls from them. No good can come from talking. They are trained to counter any argument.

good Luck!

Jim

 

[Tonya Daniel]

note that westgate likes to hide the cancellation instructions in a hidden velcro pocket in the binder/packet you got at the presentation:

http://tug2.net/timeshare_advice/westgate-cancellation-secret-pocket.html

I looked all over binder I got and nothing about how to cancel your timeshare. When I get home I'm pulling this disk out immediately to get this figured out to send this letter immediately. I have searched all these forums and found some useful info and hope I can get this cancelled. I just need to find the appropriate address to send this letter too.

 

[TheTimeTraveler]

Tonya; Everyone who signed the purchase agreement needs to sign the rescission letter.

Send via USPS Certified Mail and retained the postmarked payment receipt.

Allow up to 45 days for rescission to become effective and your monies refunded.




.

 

[Tonya Daniel]

As long as you followed the instructions laid out on the contract you only need to send it once.

Westgate must have pictures of some high ranking government official because there can be no other explanation as to how they can continue to get away with deceitful tactics that include making it intentially difficult for customers to have access to the contract and rescission instructions.

I cannot find the cancellation stuff. I'm assuming it's on my CD but just wondering when I send cancellation letter should I send all items like tablet back same day and to same address or different address and when should.i send items back

 

[Tonya Daniel]

Tonya; Everyone who signed the purchase agreement needs to sign the rescission letter.

Send via USPS Certified Mail and retained the postmarked payment receipt.

Allow up to 45 days for rescission to become effective and your monies refunded.




.

What is address to send the letter and items back

 

[Karen G]

I cannot find the cancellation stuff. I'm assuming it's on my CD but just wondering when I send cancellation letter should I send all items like tablet back same day and to same address or different address and when should.i send items back

All the extra stuff can be sent back separately by the cheapest method possible. Mention in your rescission letter that you are returning that stuff in a separate mailing.

The crucial thing to the whole rescission process is to get proof that you mailed the letter within the rescission period. That's why you need to send it by certified mail so that you get a receipt from the post office showing that you complied with all the requirements. The date they receive it has no bearing on the rescission--just the date you mail your letter.